JOURNAL of LEGAL RESEARCH
Journal of Legal Research is a peer-reviewed journal on legal research published quarterly (February, May, August, November) since 2019 by Departemen Legal Studies Faculty of Sharia and Law Universitas Islam Negeri Syarif Hidayatullah Jakarta in cooperation with Center for the Study of Constitution and National Legislation (POSKO-LEGNAS). Journal of Legal Research aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system. Published exclusively in English, the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as privacy laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed.
Articles
306 Documents
<![CDATA[Upaya Hukum Peninjauan Kembali Terhadap Putusan Bebas ]]>
<![CDATA[Hapit Suhandi]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v2i1.19294
<![CDATA[AbstractThis legal research aims to determine the reasons for the convicted perpetrators of criminal acts in filing legal remedies for judicial review in an acquittal. The rules regarding the reasons for filing a judicial review are contained in Article 263 of the Criminal Procedure Code. The main requirement for filing legal remedies for judicial review is in Article 263 paragraph (1), namely that the court's decision must be legally binding. Then Article 263 paragraph (2) explains the material reasons for filing a legal reconsideration effort. The reason the convicted person filed a judicial review is in accordance with the provisions of Article 263 paragraph (2) letter c, the Cassation decision clearly shows a judge's mistake or an obvious mistake. The review is carried out by the prosecutor / public prosecutor as a legal breakthrough in an effort to obtain justice and truth due to new circumstances (novum), or mistakes or mistakes of judges and / or decisions that contradict one another. The Attorney General / Public Prosecutor does not use the cassation for the sake of the law which is his right and prefers to file a review. The Indonesian State Government System, as contained in the explanation of the 1945 Constitution of Indonesia is a state based on law (Rechtsstaat), not based on mere power (Machtsstaa). In this study using qualitative research methods, with a normative juridical approach. The results of this study, the study used normative legal research in which data collection was carried out through literature study and interviews with several sources, which were then analyzed qualitatively. The results of this study conclude that the prosecutor / public prosecutor filed a review on the legal basis of the provisions of Article 263 paragraph (3) of the Criminal Procedure Code, the provisions of Article 68 paragraph (1) of Law Number 3 of 2009 and the provisions of Article 24 paragraph (1) of Law No. 48 of 2009. Keywords: Reconsideration, Free Decision, Legal Remedies]]>
<![CDATA[Penggunaan Batas Wajar Aplikasi Shareit Dalam Fitur Transfer File dan File Share Zone Oleh Mahasiswa Uin Syarif Hidayatullah Jakarta ]]>
<![CDATA[Fauzi Wibowo]]>;
<![CDATA[Nahrowi Nahrowi]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i4.12176
<![CDATA[AbstractSHAREit is an application used to send various files such as videos, photos, songs, recordings, applications, memos and so on between one device and another. This application is widely used by the public, because sharing and sending files does not require a long time and is free of charge. But many people such as students do not know that using the SHAREit application allows users to commit copyright infringement. However, in copyright regulations there is also a fair use. This research uses empirical normative research methods. Students who use SHAREit generally admit to using SHAREit for economic reasons, are easy to use, and students are not aware of any applicable legal provisions. The conclusion in this study is the use of the SHAREit application's reasonable limit is allowed on the basis that the use is not for commercial use and does not harm the copyright owner.Keywords: Fair Use, SHAREit, Copyright]]>
<![CDATA[Tinjauan Undang-Undang Nomor 2 Tahun 2014 Terhadap Praktik Penerapan Honorarium Notaris ]]>
<![CDATA[Abdul Manan]]>;
<![CDATA[Abu Tamrin]]>;
<![CDATA[Muhamad Nuzul Wibawa]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i1.11907
<![CDATA[Abstract The practice of applying a Notary honorarium that is not in accordance with Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position, that a Notary has set a tariff below the standard. This study uses empirical normative methods, literature studies and case approaches. The results of the sutdy show that the practice of applying Notary honorariums tha are not in accordance with Law Number 2 of 2014 concerning Amendments to Law Number 2004 concerning Notary Position, in practice that Notaries have violated the provisions of Article 13 Paragraph (3), Article 4 Paragraph (9), and Article 4 Paragraph (10) Notary Code of Ethics, and sanctions that can be imposed on Notaries who do not apply honorarium according to Law Number 2 Year 2014 concerning Amendments to Law Number 30 Year 2004 concerning Notary Position stipulated in Article 6 Notary Code of Ethics.Keywords: Notary, Honorarium, Notary Supervisory Board]]>
<![CDATA[Tinjauan Yuridis Ketentuan Uang Muka di Bawah Ketentuan Peraturan Menteri Keuangan dan Otoritas Jasa Keuangan ]]>
<![CDATA[Ardrian Yolanda]]>;
<![CDATA[Ali Hanafiyah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v2i1.14575
<![CDATA[The goal of this analysis is to decide the implementation of the down payments in the provisions of the relevant laws and regulations and how the legal implications of the violation of the provisions laid down in Regulation No 43/PMK.010/2012 of the Minister of Finance concerning the advances for customer financing of motor vehicles in financing companies are to be decided. , and Financial Services Authority Regulation Number 35 / POJK.05 / 2018 concerning Business Conduct of Financing Companies. The method of research used in this research is legal normative, i.e. legal research carried out by analyzing library resources or secondary data as fundamental research material by undertaking a review of the laws and literature pertaining to the problem under review. The findings of this analysis show that Regulation No 43 / PMK.010 / 2012 of the Minister of Finance concerning Developments for Automotive Financing for Motor Vehicles in Financing Companies and Regulation No 35 / POJK.05 / 2018 of the Financial Services Authority concerning Market Activity of Financing Companies do not interfere with the existing Regulation. However, this regulation cannot be implemented optimally in the field, because there are still many violations regarding the existence of low Down Payment (DP) promotions at dealers who have collaborated with leasing. However, because there is no strict supervision in the field, dealers / leasingers often commit violations, which creates uncertainty in law enforcement.]]>
<![CDATA[Keterlambatan Laporan Akuisisi Saham PT. Citra Asri Property Oleh PT. Plaza Indonesia Realty Tbk Menurut Undang-Undang Nomor 5 Tahun 1999 ]]>
<![CDATA[Muhammad Yasser Kahfie]]>;
<![CDATA[Euis Amalia]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i2.13873
<![CDATA[Abstract.The Business Competition Supervisory Commission is an independent state institution that functions as a supervisor, fact-seeker as well as a decision maker regarding violations of the law in the field of business competition. After considering several KPPU decisions related to the delay in the share acquisition report, a discrepancy was found between the sound legal considerations of KPPU Decision Number 02 / KPPU-M / 2017 with Article 29 of Law Number 5 of 1999 and Article 6 of Government Regulation Number 57 of 2010, where The Commission Council only included Article 47 of Law Number 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition in which explaining administrative sanctions in the form of fines of as low as one billion rupiahs and as high as twenty-five billion rupiahs and not yet explained in full the articles contained in the implementing regulations regarding the imposition of financial penalties for each day of delay. The imposition of administrative sanctions in the KPPU Decision Number 02 / KPPU-M / 2017 does not comply with the provisions of Article 29 of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition and Article 6 of Government Regulation Number 57 of 1999 Concerning Merger or Consolidation Business Entities and Corporate Share Acquisitions That Can Result in Monopolistic Practices and Unfair Business Competition.Keywords: Business Actors, Stock Acquisition Report, KPPU, Business Competition ]]>
<![CDATA[Tinjauan Yuridis Ketentuan Tanggal Efektif Pemberitahuan Akuisisi Saham Kepada Komisi Pengawas Persaingan Usaha (Studi Kasus Putusan KPPU Nomor: 05/KPPU-M/2017) ]]>
<![CDATA[Amalia Fitri Kusuma Dewi]]>;
<![CDATA[Muhammad Ali Hanafiah Selian]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 3 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i3.13028
<![CDATA[Abstract:The study was conducted to find out how the provisions for the validity of the legal takeover of shares to KPPU and to determine what the consequences of the delay in notification of the takeover of shares to PT. Indonesian Telecommunications Professionals based on applicable regulations. The method used is a qualitative research method with a normative juridical approach by analyzing decisions and related to laws and regulations in the field of Business Competition Law. This study uses a statute approach, a conceptual approach and a case approach. The results showed that the provisions for the validity of a juridical effective date were from the date the notification was received by the Ministry of Law and Human Rights, both in the event of changes in the articles of association and those that were not accompanied by changes in the articles of association. As for notification of takeover of shares to KPPU, it must be done no later than 30 (thirty) days from the legal effective date. As a result of the late announcement of the takeover of shares, PT. Indonesian Telecommunications Professionals are subject to administrative action in the form of fines of Rp. 1,100,000,000.00 (one billion one hundred million rupiah).Keywords: Juridical Effective Date, Late Notification, Share Takeover, Due to Delay]]>
<![CDATA[Praktik Monopoli PT Perusahaan Gas Negara Di Area Medan; Studi Putusan Terhadap Putusan Mahkamah Agung Nomor 511 K/Pdt.Sus KPPU/2018 ]]>
<![CDATA[Nada Halillah]]>;
<![CDATA[Indra Rahmatullah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 5 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i5.12178
<![CDATA[AbstractThe Business Competition Supervisory Commission is an independent institution that deals with competition law in Indonesia. Legislation that comprehensively regulates business competition is Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. But many business actors violated Law Number 5 of 1999. One of them was the case of PT Perusahaan Gas Negara, which was suspected of having a monopoly because of an increase in gas prices in the Medan area. This study uses normative legal research methods and literature studies. The conclusion of this research is that PT Perusahaan Gas Negara did not conduct a monopoly, but the company's activities in setting prices in the terrain in August November included objects that were exempted from the provisions of the Law in article 50 letter a of Law Number 5 of 1999.Keywords: Monopoly, Supreme Court.]]>
<![CDATA[Persekongkolan Pelaku Usaha Dalam Kegiatan Tender Pengadaan Alat-Alat Kedokteran Rsud Abdoel Wahab Sjahranie Samarinda (studi putusan kppu perkara nomor: 24/kppu-i/2016) ]]>
<![CDATA[Novia Amelia Putri]]>;
<![CDATA[Ali Mansur]]>;
<![CDATA[Fitriyani Zein]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i4.13907
<![CDATA[AbstractThis study aims to determine violations committed by business actors in the tender for procurement of medical devices carried out by Abdoel Wahab Sjahranie Hospital Samarinda and the Commission Council consideration in Case Decision Number: 24 / KPPU-I / 2016. There are allegations of unfair business competition practices by several business actors in participating in the tender. Alleged violations of Article 22 of Law Number 5 of 1999 Concerning Prohibition of Monopolistic Practices and Unfair Business Competition, because in participating in the tender package several business actors formed teams on each package with the aim of fulfilling the requirements stipulated in Presidential Regulation Number 54 of 2010 concerning Government Goods / Services Procurement as per the new rules of Presidential Regulation Number 16 of 2018. This research uses qualitative research and normative research approaches using statutory legal materials, books or research-related literature, articles in legal-related research journals, and article on the internet. The results of the study showed that business actors were indicated to commit acts that prevented other business actors from competing fraudulently by creating artificial competition when participating in tender activities in violation of Article 22 of Law Number 5 Year 1999.Keywords: Conspiracy, Tender, Procurement, Affiliation, KPPU]]>
<![CDATA[Tanggung Jawab PT. Lintas Kumala Abadi Dalam Kegiatan Pengangkutan Laut; Analisis Putusan Pengadilan Negeri Jakarta Barat No.642/PDT.G/2011/PN.JKT.BAR. ]]>
<![CDATA[Muhammad Furqoni Ramadhan]]>;
<![CDATA[Muhammad Yasir]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i1.12825
<![CDATA[AbstractThis study aims to explain the responsibilities of PT. Lintas Kumala Abadi and know the parties in the sea transportation agreement in terms of Law Number 17 of 2008 concerning Shipping and Commercial Law Book Article 307-747 in connection with a claim dispute between PT. Lintas Kumala Abadi and PT. Central Asia Insurance. This study uses normative juridical research by reviewing the laws and regulations, books and books related to this journal. There are three legal materials used in this study, namely primary legal materials, secondary legal materials, and non-legal materials. In this study, the author uses the decision of the West Jakarta District Court Number 642 / Pdt.G / 2011 / PN.Jkt.Bar namely a dispute between PT. Lintas Kumala Abadi as a carrier of goods owned by PT. Indofood Sukses Makmur (Defendant) against PT. Asuransi Central Asia as a guarantor for insured goods owned by PT. Indofood Sukses Makmur (Plaintiff). The results showed that the guarantor who has not paid compensation for the losses suffered by the insured cannot claim subrogation rights against third parties in this case the transporter. This was concluded from the consideration and decision of the judge on the decision of the West Jakarta District Court No. 642 / Pdt.G / 2011 / PN.Jkt.Bar.Keywords: Insurer, Insured and Subrogation]]>
<![CDATA[Perlindungan Hukum Bagi Pemegang Lisensi Game Online Di Banten Berdasarkan Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta ]]>
<![CDATA[Tri Dodi Setyawan]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 3, No 2 (2021) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v3i2.19737
<![CDATA[This study discusses the legal protection afforded to licensees against the act of pirating online games, as well as the legal remedies available to licensees.This research is expected to be useful as input for writers or other parties interested in analyzing legal protection for licensees. The normative juridical literature research method was used in this study, namely research that refers to legal norms found in the law, literature, expert opinion, and journals. According to the study's findings, there are legal remedies available to online game licensees in the event of piracy, including both litigation and non-litigation, and it can also be stated that in criminal cases of theft, it can be said to be theft due to taking rights that do not belong to Islamic law, namely the accusation of theft (sariqah). ]]>
